TEXAS

Negligence / Personal Injury

2 Years Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

Toxic Tort

2 Years Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

Wrongful Death

2 Years A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person. Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

Medical Malpractice

2 Years (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred. Tex. Civ. Prac. & Rem. Code Ann. § 74.251

(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.Tex. Civ. Prac. & Rem. Code Ann. § 16.003.

Discovery:

*** WILL MOST LIKELY ONLY RECOGNIZE MOST CONSERVATIVE SOL Texas courts have recognized an exception to this general rule, the “discovery rule,” which applies where a claimant is unable to know of an injury or the cause of an injury at the time it occurred. Id. When the discovery rule applies, the statute of limitations is tolled until the Plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of her injury and its cause in fact. See, e.g., Glasscock v. Armstrong Cork Co., 946 F.2d 1085, 1092 (5th Cir.1991), cert. denied, 503 U.S. 1011, 112 S.Ct. 1778, 118 L.Ed.2d 435 (1992); Mann v. A.H. Robins Co., Inc., 741 F.2d 79, 81 (5th Cir.1984); Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 351 (Tex.1990).

Statute of Repose - (b) Except as provided by Subsections (c), (d), and (d-1), a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant. Tex. Civ. Prac. & Rem. Code Ann. § 16.012

Fraud

4 Years Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. Tex. Civ. Prac. & Rem. Code Ann. § 16.003

Texas courts have recognized an exception to this general rule, the “discovery rule,” which applies where a claimant is unable to know of an injury or the cause of an injury at the time it occurred. Id. When the discovery rule applies, the statute of limitations is tolled until the Plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of her injury and its cause in fact. See, e.g., Glasscock v. Armstrong Cork Co., 946 F.2d 1085, 1092 (5th Cir.1991), cert. denied, 503 U.S. 1011, 112 S.Ct. 1778, 118 L.Ed.2d 435 (1992); Mann v. A.H. Robins Co., Inc., 741 F.2d 79, 81 (5th Cir.1984); Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 351 (Tex.1990).

Municipal Liability/Sovereign Immunity

Waived, but notice required within 6 months of occurrence.

Discovery Rule

Standard rule applies in Texas.

Comparative Negligence

Proportionate responsibility rule adopted. Claimant may not recover damages if percentage of responsibility is greater than 50%. Damages are reduced in proportion to amount of responsibility attributed to settling persons.

Charitable Immunity

Limited by statute but does not apply to reckless or intentional conduct.

Disabilities

SOL does not run until insane or infant (18th birthday) no longer disabled.

Punitive Damages

Must establish liability for damages by clear and convincing evidence.
Caps: Two times the amount of economic damages, plus amount equal to any non-economic damages found by jury not to exceed $750,000 or in the alternative, $200,000 total exemplary damages.
*General Note: All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.

No-Fault Insurance

None

Note

General Note: All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.